Lizzaraga

I. BACKGROUND/PRIOR PROCEEDINGS

On June 4, 2010, Duarte was charged with the murder of his girlfriend, Serena Williams, after he shot her in the head at close range because he was sick of her disrespecting him and believed she had given him HIV or AIDS. In addition to charging him with malice aforethought murder (Count 1), the amended information charged Duarte with possessing and intentionally discharging a firearm (Count 2). The amended information also alleged as a special circumstance that he had committed a prior second degree murder. It further alleged that the prior murder conviction was a serious felony, which qualified as a strike, and that he had served prior prison terms for that murder and for two second-degree burglaries. On direct appeal of his Patrick Covello is substituted for Joe Lizzaraga as Acting Warden, Mule Creek State Prison. FED. R. CIV. P. 25(d). conviction, the California Court of Appeals recounted the following facts underlying the charges against Duarte and the evidence presented at trial: A Facts Leading Up To The Murder And The Murder [Duarte] and Williams had an on-and-off relationship that began in 2004. In about 2007, [Duarte] lived…